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Judge Robert L. Jones

Staff Information

Judge Tabs

Self Calendaring Procedures

Judge Jones will permit counsel to utilize a self-calendaring procedure for the scheduling of certain matters (see list below). This will allow counsel to self-select available dates and times on the calendar and serve notice without contacting the courtroom deputy for a setting. The court strongly encourages the use of this self-calendaring procedure when appropriate.

The courtroom deputy is available, by e-mail or telephone, to schedule non-self-calendared hearings as needed and to assist first time users. (See below).

If you anticipate that your matter will take more than two hours to hear, please advise Christi Graham, Courtroom Deputy to Judge Jones, of such at least three business days prior to the docket call.

The self-calendaring procedure for cases before Judge Robert L. Jones is as follows:

Proceedings that may be set in accordance with the self-calendaring procedure:

Any motion or pleading with negative notice language that has drawn an objection*
Application for Compensation
Motion for Use of Cash Collateral
Motion for Default Judgment
Motion for Relief from Stay (all hearings are final hearings and all motions must include the notice required by the Attorney Desk Reference)
Motion for Summary Judgment
Motion for More Definite Statement
Motion for Change of Venue
Motion to Remand
Motion to Consolidate
Motion to Vacate Discharge
Motion to Appoint Trustee
Motion to Sell
Motion to Borrow/Incur Debt/Obtain Credit
Motion to Dismiss Chapter 13 Case by Creditor
Discovery Motions in adversary cases
Chapter 11 hearings on disclosure statement
* The notice and opportunity for a hearing procedure may be used for approval of a disclosure statement. 11 U.S.C. 102. The form and requirements are contained in LBR 9007.1. Twenty-five days notice is required. Bankruptcy Rule 2002(b). Along with the disclosure statement, submit a proposed order approving the disclosure statement with a blank space for the last day to object to the plan and blank spaces for the hearing date and time of the confirmation hearing. After the approval of the disclosure statement, the courtroom deputy will fill in the appropriate dates and time.

*See Local Bankruptcy Rule 9007.1

The self-calendaring procedure is not available for matters not included on the above list, including the following:

Adversary trial docket call and trial dates
The courtroom deputy will select the date and time of the trial docket call before issuing the summons and scheduling order.

Chapter 11 hearings on confirmation of plan

Any matter requiring an order shortening time or requesting an expedited hearing
An application for an order shortening time is required before an expedited hearing will be set. Please provide a proposed order with the hearing date left blank and the court will fill in the hearing date.

Motions to Reconsider
Motions to Reconsider will be set only after judicial review, if the court deems a hearing is necessary.

Procedure

In order to utilize the self-calendaring procedure, counsel should select and include in the pleading an available date and time as shown on the calendar of available hearing settings. The lists of available dates will be regularly updated and posted on the court's website at www.txnb.uscourts.gov. The date(s) selected must be no earlier than the notice time set by applicable federal and local rules, as this self-calendaring procedure does not alter notice requirements. To view matters already calendared for a specific day on the court's docket, click on the appropriate link.

After selecting an available date and time, counsel shall serve proper notice of the matter in accordance with applicable rules. The setting information must be served the same day it is obtained from the website.

NOTE: If a motion for relief from stay is set by a party in accordance with the self-calendaring procedure more than 30 days after the date the motion is filed, the court deems that the party has waived the 30-day limitation established by 11 U.S.C. Sec. 362(e).

No later than one day after service, counsel shall file all appropriate papers with the court with the hearing date and time on the face of the pleading.

Once a matter is set using the self-calendaring procedure and notice served on interested parties, continuances requested prior to the hearing date may only be granted by motion and court order.

Counsel need not request callbacks from the courtroom deputy to confirm that matters have been placed on the calendar. Counsel desiring this confirmation should review PACER to verify that the hearing information has been docketed. (To sign up for PACER, contact the PACER Service Center at www.pacer.psc.uscourts.gov.)

Failure to comply with the foregoing procedures will result in the matter not being placed on the court's calendar.

NOTE: Occasionally there may be instances where self-calendared matters are rescheduled, possibly due to docket congestion or unforeseen schedule changes. In these instances, the courtroom deputy will contact counsel for the movant, as soon as possible, so that a notice of rescheduled hearing may be issued and served.

LUBBOCK DIVISION:

All self-calendared matters for Lubbock are set on the court's regularly scheduled dockets. After Judge Jones calls the docket, he will assign the order of hearings for all matters requiring a hearing. For the court's Chapter 13 dockets, hearings are usually held immediately following the docket call. For all other dockets (matters in Chapter 7, 11, and 12 cases), the court reserves the day of the docket call and the following two days for hearings.

TIMES FOR LUBBOCK DOCKETS:

Motions in Chapter 13 cases shall be set @ 9:00 A.M. on the scheduled date.

Motions in Chapter 7, 11 and 12 cases, as well as motions in Adversary Proceedings, shall be set @ 1:30 P.M. on the scheduled date.

All self-calendared matters in the Abilene, Amarillo and San Angelo Divisions shall be set on the court's regularly scheduled video dockets. After the docket, Judge Jones will assign the date and time of hearings for all matters requiring a live hearing before the judge. The court generally reserves the following Monday and Tuesday at the division for the live hearings. To view the actual dates that have been set aside for live hearings, refer to Judge Jones's Gazette.

If a matter requires a live hearing, witnesses are not expected to appear at the video docket. Attorneys must appear and provide an estimate of time needed for hearing. Judge Jones will allow certain matters (15 minutes or less) to be heard by video; such matters will be heard immediately following the docket.

TIMES FOR ALL VIDEO DOCKETS:

Motions in Chapter 13 cases shall be set @ 11:00 A.M. on the scheduled date.

Motions in Chapter 7, 11 and 12 cases, as well as motions in Adversary Proceedings, shall be set @ 1:30 P.M. on the scheduled date.

ABILENE VIDEO DATES:

Aug. 7, 2019

Aug. 28, 2019

Oct. 2, 2019

Oct. 30, 2019

Dec. 4, 2019

NOTE: Hearings for the Abilene Division should be noticed for Room 2201, 3rd and Pine, Abilene, Texas. Documents are to be filed in Room 306, 1205 Texas Avenue, Lubbock, TX 79401.

Order Submission

Emergency orders requiring immediate attention should be uploaded and counsel should notify the courtroom deputy by telephone or email.

Default orders should be uploaded through ECF or submitted on CD after the response time has expired. Take care to observe Fed. R. Bankr. P. 9006(f) by adding three additional days if service was by mail. Do not include findings of fact in the default order; recite only the service of the motion, the fact that no response was filed, and that the allegations are deemed admitted. See L.B.R.4001-1(b) .

Courtesy Copies of Pleadings

A complete paper copy of the pleadings listed below, including all attachments thereto, should be delivered within 24 hours of electronic filing to Judge Jones’s law clerk’s attention at 1205 Texas Avenue, Room 306, Lubbock, Texas 79401.

Chapter 9 or Chapter 11 Plan of Reorganization

Disclosure statement

Motion for Summary Judgment and Response to Motion for Summary Judgment and any appendices of summary judgment evidence

Scheduling Settings

Most settings are scheduled with at least 24 days notice. Disclosure statements and chapter 11 plans are set with not less than 28 days notice. Claims objections and trustee’s final account hearings are set with 30 days notice.
Most settings may be self-calendared. The court strongly encourages self-calendaring for motions. A notice of hearing must be filed and served in order for a setting to appear on the court’s calendar. Please review Judge Jones’ self-calendaring procedures and obtain available hearing dates, times,and locations online at: http://www.txnb.uscourts.gov/content/judge-robert-l-jones

Emergency/Expedited Requests

Chapter 13 Trustee Docket

In the Abilene, Amarillo, San Angelo and Lubbock Divisions, the Chapter 13 Trustee’s office prepares the Chapter 13 docket and submits a copy to the court prior to the hearings. General dockets are always scheduled through the Chapter 13 trustee’s office or by self-calendaring. The courtroom deputy only sets matters on this docket when instructed by the judge.

Resets/Removals from the Docket

After hearings have been noticed, continuances may only be granted by court order upon motion. A party shall either file a written motion or, with the opposing side present or in agreement, present an oral motion. The motion shall establish cause for the continuance. The movant shall confer with the opposing party and advise the court if the motion is contested. A written motion shall not exceed two pages in length. The court may decide the motion by minute entry or by separate written order. The court appreciates a courtesy call or email to the courtroom deputy regarding the desired continuances, but the continuances themselves must be by court order.

For settlements and agreements, matters will not be removed from the docket unless an agreed order has been uploaded and signed by the court. Otherwise, the parties shall appear at the scheduled docket call to place the agreement on the record.

A notice or motion of withdrawal will not remove a matter from the court’s docket unless it includes consent by opposing counsel or no response in opposition was filed. Otherwise, movant’s counsel shall appear at the docket call to announce the withdrawal.

Fee Applications

General Order 2017-01 shall govern hearings on fee applications in Chapter 13 cases. Hearings on fee applications in Chapter 7 or Chapter 11 cases may be self-calendared. Fee applications in Chapter 7 cases may be submitted with the trustee’s final report, but the applicant must inform the court in the title of the pleading. If a fee application is submitted with the trustee’s final report, a hearing will be set if an objection is filed or the court orders otherwise.

Trustee’s Final Report

No hearing is required for the trustee’s final report unless an objection is filed or the court orders a hearing. Notice is served by the clerk’s office. After the objection period runs, if there are no objections, proposed orders should be uploaded for judicial review. If an objection is filed, it will be set for hearing.

The courtroom deputy schedules the trial docket call and trial week and issues the Standing Scheduling Order when a complaint is filed. The plaintiff’s attorney shall serve all parties the Standing Scheduling Order with the summons and complaint. Compromise, settlement, and stipulations are expected to have occurred prior to the docket call. Documents are also to be exchanged and marked before the docket call. Pursuant to the Standing Scheduling Order regarding adversary proceedings:

(i) A proposed pretrial order shall be served and filed seven calendar days prior to docket call;

(ii) Proposed findings of fact and conclusions of law shall be filed seven days prior to docket call; and

(iii) A list of witnesses and exhibits, except for those being used for impeachment purposes, shall be filed with the court.

Trial docket calls and trial settings are only reset by a motion to continue or oral motion in court. They will be removed from the court’s docket by the filing of a properly served compromise and/or settlement agreement.

Motions for Default Judgment

Exhibits

Exhibits for trials and contested matters must be marked and exchanged three business days in advance of the hearing. Per L.B.R. 9014-1(c)(2), lists of witnesses and exhibits must be filed and exchanged three business days in advance. Except in unusual circumstances, exhibits not exchanged in this manner will not be admitted, nor will testimony be allowed from witnesses who are not on the witness list. However, it is presumed that the debtor will testify. Exhibits must be marked before the hearing and submitted in a binder to the attention of Courtroom Deputy or presented to the court at the commencement of the trial or hearing.

A hard copy of all exhibits submitted in support of, or in response to, a motion for summary judgment should be provided in a binder and delivered to the attention of Courtroom Deputy Christi Graham at the time the motion or response is filed. The exhibits will be submitted to Judge Jones at the appropriate time.

Motions for Relief from the Automatic Stay

1. If the parties reach an agreement prior to the filing of a motion for relief from stay, an agreed motion and an agreed proposed order may be uploaded or submitted on CD to the clerk’s office serving the division in which the case is pending. Do not include objection deadlines or set a hearing on agreed motions. The filing fee is waived on agreed motions.

(i) In Chapter 7, 12, and 13 cases, the motion and order must be approved by the debtor’s attorney, the movant’s attorney, and the case trustee (the trustee or attorney may authorize another attorney to sign the motion and order on his/her behalf).

(ii) In Chapter 11 cases, the motion and order must be approved by the debtor’s attorney, the movant’s attorney and the U. S. Trustee. The movant’s attorney must notice the settlement pursuant to Fed. R. Bankr. P. 4001(d).

2. The procedures and time limits for relief from the automatic stay are contained in L.B.R. 4001-1. Take care to send notice to the parties specified in (a) of that rule.

3. If a proper notice is contained in the motion and no timely answer is filed, a default will be entered without a hearing. If a timely answer is filed, a final hearing will be held at the date, time, and place specified in the motion.

4. Prior to filing a motion for relief from the automatic stay, the movant’s attorney should obtain a hearing date, time, and location in the division where the case is pending. This is available on the court’s website under the “Judges” tab or at http://www.txnb.uscourts.gov/content/judge-robert-l-jones

5. The movant’s attorney shall file and serve the motion and a separate notice of hearing the same day the hearing date is obtained from the website. The hearing will not be calendared until the notice of hearing is filed. This will be a final hearing; there will be no preliminary hearings unless requested by a party. Because of the court’s schedule, it may not be possible to hold a hearing within 30 days of the filing of the motion. Attorneys who need a preliminary hearing within that 30-day time should ask the courtroom deputy for such a hearing.

6. The following must be placed below the case number on the motion:

If a timely answer is filed, a final hearing on this motion will be held at [insert the time and date obtained in self-calendaring on the website].

7. The motion must contain information that a default will be entered if a timely answer is not filed and give the date, time, and place of the hearing if a timely answer is filed using the following language:

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS ELECTRONICALLY FILED OR SUBMITTED ON CD TO THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT [INSERT THE ADDRESS OF THE BANKRUPTCY CLERK’S OFFICE SERVING THE DIVISION IN WHICH THE CASE IS PENDING] BEFORE THE CLOSE OF BUSINESS FOURTEEN DAYS FROM THE SERVICE OF THIS MOTION. IF SERVICE IS BY MAIL, THREE ADDITIONAL DAYS ARE ALLOWED PURSUANT TO FED. R. BANKR. P. 9006(f).
ANY RESPONSE MUST BE IN WRITING, ELECTRONICALLY FILED OR SUBMITTED ON CD TO THE CLERK AND A COPY SERVED UPON COUNSEL FOR THE MOVING PARTY WITHIN THE TIME DESCRIBED ABOVE. IF NO RESPONSE IS TIMELY FILED, THE RELIEF REQUESTED SHALL BE DEEMED UNOPPOSED AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT.
IF A RESPONSE IS FILED, A FINAL HEARING ON THE MOTION WILL BE HELD AT [INSERT THE TIME AND DATE FOR THE HEARING] IN [INSERT THE ROOM NUMBER, STREET ADDRESS, CITY AND STATE OF THE PLACE OF THE HEARING]. THE RESPONSE MUST CONTAIN THE INFORMATION REQUIRED BY N.D. TEX.L.B.R. 4001-1(b)

8. The certificate of service to the motion must show compliance with L.B.R. 2002-1(g) and L.B.R. 4001-1(a). Show the name, address, and relationship to this case of each party served.

Transcript Duplication

To request a transcript or audio of a proceeding/hearing, complete form BTXN191 (Audio/Transcript Order). Please contact the Judicial Support Specialist at 806-472-5015 for further ordering information.

Electronic Courtroom Facility/Presentation of Evidence

Evidence may be presented in electronic format in the Lubbock courtroom. There are laptop inputs (via courtroom connection plates) that allow you to display your laptop screen to all monitors in the courtroom. Inputs can be found at the attorney tables and podium. Please contact the courtroom deputy for more information.

Courtroom Technology

Appendix A

Protocol for Hearings by Teleconference

Hearings may be conducted by teleconference when deemed appropriate by the court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the court, associated time and cost of travel and equity to all parties. Counsel may request a telephonic hearing by email to the courtroom deputy at the following email address: rlj_settings@txnb.uscourts.gov. The request must be received at least 24 hours in advance of the hearing.

The following recommendations should be useful in enhancing the teleconference quality.

1. Speakerphones may not be used. It has been the court’s experience that background noise is magnified by the courtroom sound system and is too distracting.

2. Parties should speak using a normal telephone handset. Please be aware that noise from parties participating by phone is magnified by the sound system in the courtroom. Paper-shuffling, coughing, and any other noise is very distracting to all parties. If you have a mute feature on your phone, please use it.

Upon court approval, the courtroom deputy will provide the party with the conference call dial-in information. Parties may not be added to a conference call once the hearing has commenced.

All participants must be in place and dialed into the conference call at least ten minutes prior to the scheduled hearing time. Parties must remember to state their name for the record before speaking.